Co-operatives National Law Application Act 2013 (review)

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

VCAT can review certain limited decisions made by the
Registrar
The officer in charge of the administrative section of VCAT, which is known as the registry.
of Co-operatives under Part 7.3 of the Co-operatives National Law (National Law) which applies in Victoria by the provisions of the Co-operatives National Law Application Law 2013.

The National Law is an annexure to the Co-operatives National Law Application Act 2013.

Cases we can hear

The
applicant
The person or organisation applying to VCAT.
for the decision or the co-operative can apply to VCAT to review a decision by the Registrar of Co-operatives under Part 7.3 of the National Law:

to refuse or fail to approve draft rules

to refuse or fail to approve a draft disclosure statement

to refuse or fail to register a co-operative

to refuse or fail to approve an amendment of rules

to refuse or fail to register an amendment of rules

made on a review of a decision concerning liquidator's remuneration.

The participating co-operative can also apply to VCAT to review a decision if the Registrar has made a decision to give notice that a participating co-operative's authorisation to carry on business in Victoria will be withdrawn.

The National Law: clauses 570–578 set out the applications that may be made and who may apply – read them carefully. In Part 7.3 a reference to an appeal includes a reference to a review.

Cases we cannot hear

Note that VCAT is the 'designated Tribunal' only for applications under Part 7.3 of the National Law.

The Supreme Court of Victoria is the 'designated Tribunal' for all other purposes.

Legislation that gives VCAT the power to hear these applications

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must make your application within 28 days from when:

the decision was made, or

if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

You may be able to apply for an extension to this time limit.

What can VCAT order?

Unless the relevant Act of Parliament gives us different powers, VCAT can:

affirm the original decision, in which case the original decision will stand

vary the decision

set aside the decision and substitute our own decision

set aside the decision and remit (send back) the matter for reconsideration by the
decision maker
A person who makes or has made a decision under legislation that gives them this authority.
giving directions or recommendations

invite the decision-maker to reconsider their decision at any time during the case.

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